Word or Gesture Insulting the Modesty of a Woman Under the BNS (Section 79): IPC 509 Mapping (2026)

Explainer · New Criminal Code · BNS

Updated for 2026 · Claw Editorial

Catcalls, lewd remarks, obscene gestures, and the kind of conduct once loosely called eve teasing have a specific place in Indian criminal law. The new code keeps that offence, renumbered. If a first information report cites Section 79 of the Bharatiya Nyaya Sanhita, this is the provision in play. This explainer sets out what Section 79 covers, the punishment, its bail status, and how it maps to the old IPC Section 509. Last verified October 2026.

01Section 79 in one answer

Section 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who, meaning to insult the modesty of a woman, utters a word, makes a sound or gesture, or exhibits an object intending that she hear or see it, or who intrudes upon her privacy. The BNS came into force on 1 July 2024 and replaced the Indian Penal Code.

The punishment is simple imprisonment of up to three years, and also a fine. This is the successor to IPC Section 509, the provision commonly linked with eve teasing.

Section 79 punishes words, sounds, gestures, objects, or an intrusion on privacy meant to insult a woman’s modesty. It carries simple imprisonment of up to three years and a fine.

02What the offence covers

The offence is about conduct meant to insult a woman’s modesty, short of the physical assault covered by other sections. It reaches several forms of behaviour:

• uttering a word or making a sound or gesture, intending that the woman hear it;
• exhibiting an object, intending that the woman see it;
• intruding upon the privacy of the woman.

The common thread is the intention to insult her modesty. Because no touching is required, this is the provision that fits verbal harassment, obscene phone calls or messages, and similar conduct.

03Punishment and classification

The punishment under Section 79 is simple imprisonment for a term which may extend to three years, and also a fine.

There is no minimum term, so a court has discretion over the sentence. The offence is cognizable and bailable, and it is triable by any Magistrate. Because it is bailable, a person arrested has a right to bail.

04How it maps to IPC 509

Section 79 replaced IPC Section 509. The conduct and the punishment carried over. IPC 509 originally carried a lighter sentence, but the 2013 Criminal Law Amendment raised it to simple imprisonment of up to three years and a fine. Section 79 of the BNS keeps that three-year term.

So the substance is essentially the same. The elements, the examples of conduct, and the sentence all match the post-2013 IPC 509. The main change is the renumbering. For the IPC-side explainer, see IPC Section 509 on word or gesture insulting modesty, and for the full table see our IPC to BNS section mapping.

05How it sits beside nearby offences

Section 79 is the lightest of a group of offences against women, and it is often charged with heavier ones when conduct escalates.

• Section 74 (outraging modesty, old IPC 354) applies when there is assault or criminal force, not just words.
• Section 75 (sexual harassment, old IPC 354A) covers unwelcome sexual advances, demands, and showing pornography.
• Section 78 (stalking, old IPC 354D) covers following or repeated unwanted contact, including online.
• Section 77 (voyeurism, old IPC 354C) covers watching or capturing a woman in a private act.

Section 79 is the one that captures the insult itself, by word, gesture, object, or intrusion, without any physical force.

06Practical points

• Intent to insult modesty is the core. A general rude remark is not enough. The prosecution must show the conduct was aimed at insulting the woman’s modesty.
• Digital conduct fits here. Obscene messages, calls, or online posts aimed at a woman are commonly charged under this provision, sometimes with information technology offences.
• Date of the offence decides the code. The BNS applies to offences on or after 1 July 2024. Earlier cases stay under IPC 509.
• It is bailable. Unlike the graver offences in this group, a person arrested under Section 79 alone has a right to bail.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For an offence like this, where so much turns on how a court reads the intention to insult, the real work is finding the right precedents and then following the complaint through the magistrate’s court. Claw does both. You can search across 30 crore+ judgments for orders under Section 79 and the old IPC 509, with the results coming back in under 5 seconds and covering the Supreme Court from 1950 and the High Courts from 1990. You can also keep track of a live case, its orders and its hearings, by party or advocate name, across the 9,102 courts, benches and forums on the platform. See how Claw handles case search across Indian courts.

Open a free Claw account to look up Section 79 precedents and follow your matter by party or advocate name. Claw does not train its AI models on documents uploaded by customers. This explainer is general information, not legal advice, so check the current text of the section and take advice from counsel before you act.

08Sources and further reading

• India Code (official text of the BNS): indiacode.nic.in
• Ministry of Home Affairs (new criminal laws): mha.gov.in
• BNS Section 79 text: devgan.in
• Claw: clawlaw.in

Section numbers and punishments were checked against the published BNS text in October 2026. Always read the section as it stands on the day you act.

09Frequently asked questions